Tuesday, May 9, 2017

Posts for May 9, 2017
These are the posts that are accumulated in our weekly newsletter which goes out throughout the school year. The posts are organized by the major units in our Constitutional Law (5th ed.) student textbook.

I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

A Travel Ban's Foe [NY Times, 5/7/17]: Tipped off by her Washington sources that an executive order blocking refugees was coming, Becca Heller fired off messages to her vast network of law students and pro bono lawyers:

'The language of the law' is not actually a language [“LawnLinguistics” blog, 5/6/17]: The nature of legal language has been a recurring subject of discussion, within applied linguistics and (U.S.) legal academia.

Tennessee governor signs "natural and ordinary meaning" bill [Jurist, 5/7/17]: Dubbed the "natural and ordinary meaning" law, it requires that "undefined words be given their natural and ordinary meaning, without forced or subtle construction that would limit or extend the meaning of the language, except when a contrary intention is clearly manifest."

II. Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th edition of Constitutional Law] Here are recent articles that are relevant to this unit:

Texas governor signs 'sanctuary city' ban into law [Jurist, 5/8/17]: Under the law, municipal officials who fail to assist with federal immigration enforcement could face civil penalties, removal from office and criminal charges.

The American Presidency [TOPIC 15]

Appellate Judges Review Travel Ban [WSJ / USA Today / Politico / Jurist, 5/8/17]: Court considers whether Trump's prior statements should be considered when deciding the case.
Listen to the oral argument:
In a related post…
As Trump threatens deportations, Bay Area funding immigrants’ legal defense [SJ Merc, 5/8/17]: Immigrants facing deportation have no right to a lawyer if they can’t afford one. But Bay Area governments are leading a movement — which could take hold throughout California — to ensure there’s an attorney by their side anyway.

10 conservatives selected for federal courts as part of Trump's move to reshape judiciary [Wash Times / Politico, 5/8/17]: The White House announced President Trump’s intention Monday to nominate a slate of 10 conservatives to the federal judiciary, building on his successful nomination of Supreme Court Justice Neil M. Gorsuch in his biggest push yet to reshape the federal courts.

Sally Yates: ‘We believed that Gen. Flynn was compromised’ [Politico, 5/8/17]: Former acting Attorney General Sally Yates cast a harsh light on the White House on Monday, detailing how she had informed Trump administration officials that then-national security adviser Michael Flynn was susceptible to blackmail from Russia, only to watch President Donald Trump take 18 days to fire him.

III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Legislation and the Legislative Process (TOPIC 20)

The California 7 [Fox & Hounds, 5/8/17]:  The political question facing the seven California congressional Republicans who are holding vulnerable seats is why did they jump aboard the American Health Care Act when up to the last day a number of them were undecided or leaning against the bill? 

IV. Criminal Law and Procedure (4th, 5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Here are some recent articles that are relevant to this unit

The steady decline of America's death rows [Wash Post, 5/6/17]: When the state of Arkansas announced plans to carry out eight executions in an 11-day period in April, it drew intense international scrutiny that flared until well after the final lethal injection in the series at the end of the month.

V. 1st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Oklahoma Student Forced to Remove “Black Lives Matter” T-Shirt He Wore to School [Newseum, 5/9/17]: Here’s why it’s likely that the school officials overstepped their bounds. 

NuseumEd to Visit Palo Alto School to Pilot Fake News Class [Newseum, 5/9/17]: On Tuesday, May 16, NewseumED curriculum developers will be at Palo Alto High School in Palo Alto, Calif., to pilot their newest media literacy class, “Fighting Fake News.” 

The Trump Admin's Advice to Supreme Court in Copyright Case Is a True Mind-Bender [THR Esq. blog, 5/7/17]: Although a 'significant legal error' has supposedly been made -- copyright holders must consider fair use before sending takedown notices -- the Acting Solicitor General tells the high court to reject a review of baby-dancing-to-Prince.

George Wallace at Harvard—The Good Old Days of Campus Free Speech [Justia, 5/8/17]: Professor Rotunda comments on the plight of free speech on college campuses and elsewhere. Rotunda describes the limitations on speech imposed not only by college campuses, but also by governments, despite their ostensible support for the freedom of speech.

VI. 14th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Discrimination Begets Discrimination: The Ninth Circuit Allows Prior Salary to Justify Paying Women Less Than Men for the Same Work [Justia, 5/8/17]: Professor Grossman comments on a recent decision by the U.S. Court of Appeals for the Ninth Circuit perpetuating pay disparities between men and women by allowing an employer to rely on prior salary in determining pay.

Calif. High Court Clarifies Day of Rest for 9th Circuit [CNS, 5/8/17]: Clarifying a blurry area of state labor law, the California Supreme Court noted Monday that, while workers are entitled to one day of rest per work week, those who always work less than six hours per day and 30 hours per week are free to give up their day off if they and their employer agree.

International Law, Citizenship and Immigration [TOPIC 40-42]

California education leader calls immigration 'the civil rights issue of our time' [EdSource, 5/8/17]: As President Donald Trump and his new cabinet members focus increased attention on immigration and school choice, a longtime education leader in California says it’s more important than ever for schools to meet the needs of all their students, especially immigrants.



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